On June 3, 2005, the Federal Communications Commission (FCC)
released the text of its May 19th decision requiring "interconnected"
Voice over IP providers to offer customers E911/911 emergency calling
services within 120 days of the effective date of its Order. The
strict deadline will mean that VoIP providers offering services that
satisfy the FCC's definition of an "interconnected VoIP services" must
begin offering E911/911 to customers who utilize interconnected VoIP
services at fixed locations sometime around October of this year.

The E911 rules apply to those VoIP services that can be used to
receive telephone calls that originate on the Public Switched
Telephone Network (PSTN) and can be used to terminate calls to the
PSTN -- such services being labeled by the FCC as "interconnected VoIP
services." The FCC elaborates on its definition, as follows:

"If a VoIP service subscriber is able to receive calls from other VoIP
service users and from telephones connected to the PSTN, and is able
to place calls to other VoIP service user and to telephones connected
to the PSTN, a customer reasonably could expect to be able to dial 911
using that service to access appropriate emergency services. Thus,
[the FCC] believes that a service that enables a customer to do
everything (or nearly everything) the customer could do using an
analog telephone, and more, can at least reasonably be expected and
required to route 911 calls to the appropriate destination.

. [t]hus, an interconnected VoIP service is one we define for
purposes of the present Order as bearing the following characteris-
tics: (1) the service enables real-time, two-way voice communications;
(2) the service requires a broadband connection from the user's
location; (3) the service requires IP-compatible CPE; and (4) the
service offering permits users generally to receive calls that
originate on the PSTN and to terminate calls to the PSTN."

The Rules require that, within 120 days of the Order's effective date,
all entities satisfying the definition of an interconnected VoIP
service provider must transmit all 911 calls, as well as a call back
number and the caller's "Registered Location" for each call, to the
Public Safety Answering Point (PSAP), designated statewide default
answering point, or appropriate local emergency authority that serves
the caller's Registered Location and that has been designated for
telecommunications carriers under section 64.3001 of the FCC's Rules.
These calls must be routed through the use of ANI and, if necessary,
pseudo-ANI, via the dedicated Wireline E911 Network, and the
Registered Location must be available from or through the ALI
Database.

The FCC recognizes that its 120 day implementation deadline is
"aggressive." However, the FCC concluded that the threat to public
safety exceeded any burdens on interconnected VoIP providers. The FCC
offered the following advice:

"Interconnected VoIP providers may satisfy [FCC Rules] by
interconnecting [with the PSAP or appropriate emergency services
contact point] indirectly through a third party such as a competitive
LEC. or through any other solution that allows a provider to offer
E911 services [as required by the FCC's Rules].

Although the FCC notes that an increasing number of incumbent LECs
have announced their intentions to make E911/911 access available to
VoIP providers on commercial terms, the Rules adopted by the FCC
neither mandate nor direct incumbent LECs to provide access pursuant
any defined regulations. The FCC does imply, however, that ILECs that
refuse to offer E911/911 services on a reasonable and non-discriminatory
basis could be subject to formal complaints and/or enforcement
proceedings under Sections 201/202 of the Telecom Act.

The Rules adopted by the FCC will, for the most part, rely on
customers to self-report his or her location to the service provider.
The FCC noted, however, that in the future it intends to adopt an
advanced E911 solution that must include a method for determining a
user's location without assistance from the user.

In part to achieve this goal, the FCC released a Notice of Proposed
Rulemaking seeking comments on E911/911 rules for "portable" VoIP
services. Comments are due 45 days after publication of the FCC's
notice in the Federal Register and Replies are due 75 days after
publication.

If you have any questions or concerns regarding how the FCC Order
affects your business, you should contact your existing regulatory
attorney, if you have one. You may also contact our firm for a
consultation: (703) 714-1313, e-mail: jsm@thlglaw.com
<mailto:jsm@thlglaw.com> .

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